Charles 'Eddy' Waters trial: Boulder County jury breaks for day in murder case

Erica Meltzer Camera Staff Writer

Posted:
12/10/2012 10:17:57 AM MST

Charles "Eddy" Waters (Boulder County Sheriff's Office)

The physical evidence and recordings of 911 calls show that Charles "Eddy" Waters was the aggressor and not acting in self-defense when he stabbed two other homeless men -- one of them fatally -- in October 2011, prosecutors told a Boulder County jury Monday morning."Charles Waters was the one who was in control in that shed," Deputy District Attorney Catrina Weigel said during closing arguments for the prosecution after replaying portions of the 911 call. "Look what he did to those two people. He's the one giving orders, telling people to sit down, to shut up. ... When you look at the evidence in this case, it proves the defendant was the aggressor here."

But defense attorneys said those same 911 recordings demonstrate the opposite, as Waters can be heard telling two other men, "You made me so scared I had to do that."

"The truth is this: Charles Edward Waters was jumped by two men, was beaten, was robbed, and he fought for his life," defense attorney Eric Zale said. "He did what he had to do and no more. When they stopped attacking him, he stopped, and he did what you are supposed to do, which is wait for the police and give them the weapon and tell the truth. And he did that."

Waters, 57, is charged with second-degree murder, attempted first-degree murder and first-degree assault for stabbing Johnny Rasnick, 43, and Michael Giampino, 29, in an abandoned shed in the 3100 block of Pearl Parkway.

A Boulder County jury spent about five hours deliberating the case Monday, and will return Tuesday morning.

Rasnick suffered a stab wound to his abdomen and died during surgery at Boulder Community Hospital while Giampino suffered a punctured lung and a laceration to his face.

Giampino said Waters and Rasnick were bickering all night and that Waters attacked them, while Waters has told investigators he was the one who was attacked and the stabbings were in self-defense.

Weigel said Giampino's testimony during the trial was corroborated by the physical evidence and by the multiple wounds sustained by both victims, compared to only one small injury on Waters' nose.

She said Waters was angry and felt disrespected by Rasnick after a wrestling match in which Rasnick got the better of Waters. On the 911 tape, Waters can be heard telling the men that Waters is the "bad-ass," not them, and that they shouldn't have tried to make a "fool" of him.

Zale drew a very different picture of events that night. He described Waters being attacked by the alleged victims and doing "something he did not want to do." He asked why Waters waited for the police instead of disappearing if he was the aggressor.

Defense attorneys said Waters had marks on his neck that show he was choked by at least one of the victims, but prosecutors said the marks are not typical of those made by choking and are simply a rash, similar to red marks on Waters' back.

The Boulder County jury began deliberations in the case around 11:30 a.m.